"Obviously, I'm disappointed in the result, I won't know the rationale of the justices' decision until they release their opinion. I am concerned about the possible effect on the binding nature of plea agreements," said Alston's attorney Irwin Kramer, who told 11 News Alston has no plans to appeal.

Alston has said her seat was vacated after House Speaker Michael Busch unconstitutionally and unilaterally was removed based on a Circuit Court ruling in which, she contends, the court misread the law.

This started when an investigation by the Maryland State Prosecutor's Office resulted in charges of malfeasance and misconduct in office. Authorities alleged Alston intended to use her campaign account to fund personal wedding expenses. The misconduct charge is for allegedly using state funds to pay a legislative aide working in her private law office.

Alston entered a no contest plea involving the wedding incident and she pleaded guilty to paying the aide, but she maintained the aide performed government work.

The state prosecutor offered a plea agreement that included restitution and community service work in exchange for a probation before judgment disposition. An Anne Arundel County judge accepted the terms.

"A deal is a deal. A plea bargain is a bargain, and my client has the right to the benefit of that bargain," Kramer said. "The state tried to force Delegate Alston to resign in earlier drafts of a plea agreement. She refused to take any deal by which would disqualify her from continuing to serve her constituents."

The state argued that Alston's admissions and waiving her right to appeal amounted to a final conviction before meeting requirements of the plea agreement. As a result, the state contended, the House speaker could vacate Alston's seat as a matter of constitutional law.

"So, for them to now say, 'Oh, she had a final conviction,' when everyone knew in the end she would receive a probation before judgment is essentially reneging on the deal," Kramer said.

One member of the high court called the case a novel situation while another stated the proverbial elephant in the room is the fact that the state didn't want Alston to get her seat -- a reference to Alston obstructing passage of a 2011 same-sex marriage bill.

Chief Justice Robert Bell vigorously challenged the state, reminding attorneys of the term "or otherwise" in the law, which gives wiggle room to reasons why convictions be overturned. Justice Bell admitted he wasn't convinced that Alston's judgment was final before probation before judgment terms were satisfied, and he suggested common sense should come into play.

The governor has authority to make an appointment, and Friday's ruling does not preclude Alston from running for office again.